Benefits Think Juggling ADA, FMLA and worker’s compensation regulations

Published Updated 5 Min Read

The leading providers of human resource software-as-a-service products, according to Forrester Research.

  • Are you comfortable with the insurer’s reasons for denying the WC claim? WC claims can be denied for many reasons, including that the claim was not reported or filed on time or the injury did not happen at work. Do you anticipate an appeal?
  • Has the employee exhausted his FMLA? If the employee has used up their FMLA (and the employer should run FMLA leave concurrently with an absence due to WC), WC does not provide them with job protection.
  • Is the employee’s condition temporary? Temporary conditions may entitle an employee to leave under the FMLA but not be considered a disability under the ADA. The employee, however, may be entitled to more leave time under the ADA if their injury qualifies as a disability.
  • If the employee qualifies as an individual with a disability, is there an accommodation that would allow the employee to perform the position? Would additional leave time — even if the employee has exhausted FMLA entitlement — allow the employee to return to full duty?
Caroline Hogan
Special Counsel

Caroline Hogan is special counsel and a litigation attorney with Foley & Lardner LLP where she focuses her practice in the area of labor and employment law.


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